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HomeMy WebLinkAbout3653 e AFfER RECORDING RETURN TO: City of Auburn/City Clerk 25 West Main Auburn, WA 98001 Document type: Resolution No. 3653 Reference numbers of related documents: Additional reference numbers on page Grantor(s): 1, City of Auburn 2, King County 3. 4. etc. additional names on page Grantee(s): I. 2. 3. 4. etc. additional names on page Legal description: Abbreviated form: Assessor's parcel number(s): e of document FILED BY PNWT 8~vT\ ~ VI ll:i% - \ ~ @(:" of document of document RESOLUTION NO. 3653 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE INTERLOCAL AGREEMENT BETWEEN KING COUNTY AND THE CITY OF AUBURN REGARDING ADMINISTERING FUNDS GENERATED AS A RESULT OF STATE OF WASHINGTON SHB 2060 WHEREAS, the Washington State Legislature passed Substitute House Bill 2060 (SHB 2060) during the 57th Legislative session which became effective on June 13,2002; and WHEREAS, SHB 2060 authorizes a ten dollar surcharge on certain documents recorded with the auditors office for the purpose of providing funds for affordable low-income housing; and WHEREAS, the City of Auburn City Council and their counterparts in King County recognize that additional resources are needed to assist in the development and preservation of affordable low-income housing; and WHEREAS, it would be beneficial to both the City of Auburn and King County facilitate additional local housing, and it is appropriate for the City to enter into an Interlocal Agreement with King County to coordinate on increasing local housing and policies to promote the same. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Resolution 3653 October 20, 2003 Page 1 Section 1. That the Mayor and the City Clerk are authorized to execute an Interlocal Agreement in substantial conformity with the Agreement attached hereto, marked as Exhibit "A" and incorporated herein by this reference. Section 2. That the Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Dated and Signed this ~ day o{)j~~~y , 200 S . ~ "---..,J PE R B. LEWIS MAYOR ATTEST: )]j~~. Danielle E. Daskam, City Clerk Resolution 3653 October 20, 2003 Page 2 '1 REGIONAL AFFORDABLE HOUSING PROGRAM INTERLOCAL COOPERATION AGREEMENT An Agreement for the use of SHB 2060 Local Low-Income Housing Funds in King County THIS AGREEMENT is entered into between King County, a municipal corporation and political subdivision of the State of Washington, hereinafter referred to as the "County", and the City of AUBURN, hereinafter referred to as the "City", said parties to the Agreement each being a unit of general local government of the State of Washington. RECITALS WHEREAS, the King County Countywide Planning Policies, hereinafter referred to as the "CPPs", developed pursuant to the Washington State Growth Management Act, have established standards for cities to plan for their share of regional growth and affordable housing; and WHEREAS, to implement the CPPs, the King County Growth Management Planning Council appointed a public-private Housing Finance Task Force in 1994, hereinafter referred to as the "HFTF", to recommend potential fund sources for affordable housing for existing low- income residents and for meeting the affordable housing targets for future growth; and .!- WHEREAS the HFTF recommended a document recording fee as a source ofregional dollars for low-income housing development and support, and recommended that representatives of the County, Cities and the housing community work together to make decisions about the use and administration of such a fund; and WHEREAS in March 2002, Substitute House Bill 2060, hereinafter referred to as SHB 2060, was passed by the Washington State Legislature and was signed into law by the Governor as Chapter 294, 2002 Washington Laws in April 2002, and was effective on June 13,2002. SHB 2060 provides, in large part, that: A surcharge of ten dollars per instrument shall be charged by the county auditor for each real property document recorded, which will be in addition to any other charge authorized by law; After retention of up to five percent (5%) for collection administration, forty percent (40%) of the revenue will be transmitted monthly to the state treasurer, and sixty percent (60%) of the revenue will be retained by the county and deposited into a fund that must be used by the county and its cities and towns for housing projects or units within housing projects that are affordable to very low-income households at or below fifty percent (50%) of the area median income. The local portion of the funds must be allocated pursuant to an interlocal agreement between the county and RAHP lCA I Page 2 Exhibit "A" Resolution No. 3653 L- the cities within the county that is consistent with countywide and local housing needs and policies, and pursuant to the eligible activities listed in the SHB 2060 legislation; and WHEREAS, existing Interlocal Cooperation Agreements or Joint Agreements between King County and cities in the King County Community Development Block Grant Consortium, hereinafter referred to as the "CDBG Agreements", and/or existing Interlocal Cooperation Agreements between King County and cities in the King County HOME Investment Partnerships Program Consortium, hereinafter referred to as the "HOME Agreements", are not modified by this Regional Affordable Housing Program Agreement; and WHEREAS, the City and King County agree that affordable housing is a regional issue, that cooperation between the Cities and the County is beneficial to the region, and that a regional approach to utilizing the SHB 2060 funds will allow those funds to be used in the most productive marmer; and WHEREAS, it is mutually beneficial and desirable to enter into a cooperative agreement in order to administer the SHB 2060 revenue as a regional fund, as authorized by the Intergovernmental Cooperation Act, RCW 39.34, and, as required by SHB 2060; RAHP ICA I Page 3 Exhibit "A" Resolution No. 3653 NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING CIRCUMSTANCES AND IN CONSIDERATION OF THE MUTUAL PROMISES CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOWS: I. Definitions and Interuretation. Capitalized terms used herein shall have the following meanings unless the context in which they are used clearly requires otherwise. "Joint Recommendations Committee" or "JRC" means the inter-jurisdictional body developed pursuant to the CDBG Agreements and the HOME Agreements. The JRC is currently composed of five (5) Cities' representatives and four (4) King County representatives. The King County Executive appoints the four County representative seats. The King County Consortium's HOME-only cities rotate one of the City representative seats, and the Suburban Cities Association selects the four remaining City representative seats. A small city representative is a priority for one of the four remaining City seats. JRC members are appointed for a term two years, with the exception of the alternating HOME-only cities' seat, which revolves every year. "HOME Working Group" means the staffwork group consisting of staff representatives from participating Cities and from the County that work together to recommend armual capital fund RAHP ICA I Page 4 Exhibit "A" Resolution No. 3653 allocations for housing projects and related policies to the inter-jurisdictional Joint Recommendations Committee. "2060 Planning Group" means the plarming group consisting of staff representatives from the Cities, from the County, and from the housing community that worked together between August 2002 and October 2002 to develop guidelines for the local portion of the SHB 2060 funds, pursuant to the recommendations of the HFTF. II. General A2reement The purpose of this agreement is to establish the "Regional Affordable Housing Program", hereinafter "RAHP", to be administered by King County in cooperation with Cities and Towns within the County that choose to participate in the program. The local portion of SHB 2060 revenue shall be administered as a regional fund by the King County Housing and Community Development Program in a marmer that is consistent with countywide and local housing needs and policies. The City and the County agree to cooperate in undertaking RAHP activities. III. General Administration, Distribution and Use of the RAHP. RAHP ICA I Page 5 Exhibit "A" Resolution No. 3653 A. Expansion and role of the JRC. The JRC shall be the body that reviews and adopts annual RAHP fund allocations and related allocation polices, consistent with the King County Council-adopted RAHP Guidelines, the Consolidated Housing and Community Development Plans ofthe King County Consortium and the City of Seattle, and other local housing plans, as applicable. The membership of the JRC, as authorized by the CDBG and HOME Agreements, and as defined herein, shall be expanded to include an appointment from the City of Seattle. The Seattle JRC representative will attend meetings that concern the SHB 2060 fund and will be entitled to vote solely on SHB 2060 issues and not on other King County Consortium matters coming before the JRC. The Seattle representative shall be an elected official, department director or comparable level staff. B. Incorporation bv reference of certain amendments to the King County Consortium's CDBG and HOME Agreements. CDBG and HOME Agreement Cities and the County agree to convene a special working group in 2003 to recommend changes and/or expansion of the representation of cities on the JRC in the CDBG and HOME Agreements. The special working group shall make recommendations on the constitution of the JRC in time for CDBG and HOME Agreement cities to reach agreement on amendments by December 31, 2003. Amendments made to the CDBG and HOME Agreements concerning the representation of cities on the JRC, shall be incorporated by reference into this RAHP Agreement and the RAHP Guidelines. RAHP ICA / Page 6 Exhibit "A" Resolution No. 3653 Amendments to the CDBG and HOME Agreement cities' representation on the JRC shall not alter the City of Seattle's seat on the JRC for RAHP purposes. C. Expansion of the HOME Working GrouP. The HOME Working Group, as defined herein, shall be expanded to include an appointment from the City of Seattle's Office of Housing, and shall be re-named the "RAHPIHOME Working Group". Seattle staff will be entitled to participate solely in making SHB 2060 program recommendations and not in other King County Consortium matters coming before the RAHPIHOME Working Group. Each city that participates in the RAHP is entitled to have a staff person on the RAHPIHOME Working Group. D. Role of the RAHPIHOME Working GrouP. The RAHPIHOME Working Group shall make annual RAHP fund allocation and related allocation policy recommendations to the JRC. The RAHPIHOME Working Group recommendations shall be consistent with the King County Council-adopted RAHP Guidelines, the Consolidated Housing and Community Development Plans of the King County Consortium and the City of Seattle, and other local housing plans, as applicable. Pursuant to the RAHP Guidelines, the RAHPIHOME Working Group shall examine the percentages ofRAHP funds distributed to the subregions of the County following the 2004 and 2005 funding rounds, and shall recommend actions to achieve RAHP ICA / Page 7 Exhibit "A" Resolution No. 3653 geographic equity by the time the RAHP Agreement expires in 2006. City and County staff will work together to take actions to achieve geographic equity in the distribution ofRAHP funds. E. Administration ofRAHP Programs. The King County Housing and Community Development ("HCD") Program staff shall distribute RAHP funds pursuant to the allocations adopted annually by the JRC, and shall administer the program pursuant to the RAHP Agreement and the King County Council-adopted RAHP Guidelines, attached hereto as Exhibit #1. King County HCD staff shall provide the RAHPIHOME Working Group, the JRC, and participating jurisdictions with an armual report that provides information about the capital housing projects that were awarded RAHP funds in that year; in addition to the status of capital housing projects that were awarded RAHP funds in a prior year(s). King County HCD staff shall invite the staff of participating cities to be involved in a focus group to further develop the RAHP Operations and Maintenance ("O&M") Fund, and to be on the review panel that will recommend O&M funding awards to the JRC. RAHP ICA / Page 8 Exhibit "A" Resolution No. 3653 F. Administrative Costs. King County agrees to pay the costs of administering the Regional Affordable Housing Program. No portion of the sixty percent (60%) of the SHB 2060 revenue retained by King County in a fund for the RAHP shall be utilized for RAHP administration. G. Interest on the RAHP Fund. Interest accrued on the sixty percent (60%) of the SHB 2060 revenue retained by King County in a fund for the RAHP shall remain with the RAHP fund and will be distributed to projects according to the subregional allocation target formula found in the RAHP Guidelines, attached as Exhibit 1. H. Sub-Regional Geographic Equity. The parties intend that the RAHP funds shall be awarded to projects throughout King County in a fair and equitable manner over the duration of this agreement. Equity is to be achieved through sub-regional allocation targets, as follows: A fixed percentage ofRAHP local funds will be allocated to sub- regions of the County by the end of this 4-year Agreement, as specified by a formula contained in the RAHP Guidelines, attached hereto as Exhibit # I. L. General Use of Funds. The local portion of the SHB 2060 revenue shall be utilized to meet regional housing priorities for households at or below 50% of area median income, as established in the RAHP Guidelines, attached hereto as Exhibit #1. RAHP ICA / Page 9 Exhibit "A" Resolution No. 3653 L Compliance with Fair Housing Laws. Parties to this agreement must take actions necessary to ensure compliance with the Federal Fair Housing Act, as amended, the Americans with Disabilities Act of 1990, and other applicable state and local fair housing laws. IV. A2reement Duration This Agreement shall remain in full force and effect through December 31, 2006, when this agreement will expire. The 2060 Planning Group will re-convene in the spring of 2006 to evaluate the RAHP and to recommend whether the RAHP Guidelines and the RAHP lnterlocal Agreement should be re-negotiated or renewed in their current formats. V. General Matters and Recordin2 A. No separate legal or administrative entity is created by this Agreement. Neither the JRC, the RAHPIHOME Working Group, nor the 2060 Planning Group are anticipated to acquire or to hold any real or personal property pursuant to this Agreement. Any personal property utilized in the normal course of the work of such bodies shall remain the property of the person or city initially offering such personal property for the use of any such body. RAHP ICA / Page 10 Exhibit "A" Resolution No. 3653 B. Pursuant to RCW 39.34.040, this Agreement shall be filed with the King County Auditor. c~~_ Peter B. Lewis, Mayor KING COUNTY, WASHINGTON --i2-- Name and Title (printed) Date: OCT 2 0 2003 Date: 3(1/ oS- I Date: neT 2 0 2003 ?JQ Signature 0 Prosecuting Attorney - O~~ Date: I ~ ['1-OS; Attest: ~0~' 'Danielle E. Daskam, City Clerk Date: OCT 2 0 2003 RAHP ICA / Page II Exhibit "A" Resolution No. 3653